The two-day mistake that sent retaliation claim to trial
Two days. That's the entire gap between John Shoemaker asking McKesson Corp. for FMLA leave and McKesson telling him he was fired. A fe...
Topic: FMLA
Is paid family and medical leave finally coming to Ohio?
By Jon Hyman
Ohio just took another swing at paid family and medical leave. This one might matter. On April 23, Senators Beth Liston (D) and Louis Blessi...
Breaking down the proper way to handle an extended medical leave of absence
By Jon Hyman
I spend a lot of time calling out employers who mishandle workplace issues. Today, I'm highlighting one that got it right. Leanna Coffma...
6th Circuit teaches employers an important FMLA lesson on caregiving and in loco parentis
By Jon Hyman
Imagine being told by your employer that you have to choose between your terminally ill sister and you job. That's what happened to Cele...
DOL confirms the obvious — the FMLA covers time off spent in clinical trials
By Jon Hyman
Can employees use FMLA leave to participate in clinical trials for their serious health conditions? Of course, they can—how is this even a q...
DOL cautions employers on the use of AI
By Jon Hyman
"When used responsibly, AI has the potential to help improve compliance with the law. Without proper human supervision, however, these ...
It’s called family and medical LEAVE for a reason.
By Jon Hyman
According to Above the Law , however, one Biglaw firm recently reminded its employees that they need to check their daily emails while out o...
Facebook Messenger and other alternative communication channels for attendance call-outs
By Jon Hyman
An employee uses Facebook Messenger to notify his supervisor of a medical absence, ignoring the company's policy that requires employees...
Yes, you can still fire employees for lying, even when they are seeking FMLA leave
By Jon Hyman
67 employees of CSX Transportation submitted a required internal form requesting medical leave. Those requests had four key problems: 1.) ea...
“Entitlement to FMLA leave” is not a prerequisite to an FMLA retaliation claim
By Jon Hyman
The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-yea...
Bank properly terminates misbehaving employee despite FMLA leave, 6th Circuit holds
By Jon Hyman
In 2017, a series of personal adversities, including probation for an incident with a gun and an ex-girlfriend, cocaine use, and a DUI arres...
Don’t estop thinking about your leave claim
By Jon Hyman
"Is there money owed to you for claims against third parties, whether or not you have filed a lawsuit or made a demand for payment, suc...
Mere "discouragement" is enough to state an FMLA interference claim, federal appeals court holds
By Jon Hyman
"You've taken serious amounts of FMLA … don't take any more FMLA. If you do so, you will be disciplined." That's what ...
Does President Biden have the political juice to make paid family and medical leave a reality?
By Jon Hyman
For the past couple of administrations, it's a presidential rite of passage—unveiling a plan to provide paid family and medical leave to...
Coronavirus Update 1-4-2021: DOL approves telemedicine visits to establish a serious health condition under the FMLA
By Jon Hyman
With the COVID-19 pandemic closing health-care-provider offices or severely limiting patient access, many have turned to telehealth to remot...
BREAKING: House passes broad coronavirus stimulus and relief package, including paid sick and family leave
By Jon Hyman
It’s been 12 days since I asked if coronavirus the thing that will finally make paid family and sick leave a national reality . Twelve day...
Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?
By Jon Hyman
Among other qualifying reasons, the FMLA allows an eligible employee to take 12 weeks of annual unpaid leave to care for a family member w...
Can an employer require an employee with a serious health condition to take FMLA leave?
By Jon Hyman
Yesterday, in response to my post about coronavirus and paid sick leave , a commenter on LinkedIn asked whether an employer can force a s...
7th Circuit concludes employer should have advised injured employee of FMLA rights even after employee went AWOL
By Jon Hyman
Buddy Phillips injured his ribs while playing with his grandchildren. Over the next two weeks, he called his employer, United Trailers, to...
Just because you’re out on FMLA does not grant you a license to threaten your co-workers
By Jon Hyman
“Hey pussy … I’m going to get you for what you did.” Ordinarily, if one employee confronts another employee with a threat like the one ...